Legal Insights

In the context of a reported increasing number of bond defaults by property developers in the People’s Republic of China and also the reported growing prevalence of non-performing debt due to rising interest rates across Asia, lenders have progressively been managing their risks by restructuring or divesting their…

Under the Securities and Investment Business Act, 2010 of the British Virgin Islands (“SIBA”), the Financial Services Commission (the “FSC”) of the British Virgin Islands (“BVI”) offers a range of investment business licenses and allows for the registration of Public Funds and recognition of Private Funds and Professional…

2021 saw an unprecedented surge in ESG debt issuance which was arguably underpinned by growing investor appetite for sustainable and green-linked investments. For example, UK insurer Aviva reported that the COVID-19 pandemic influenced the likelihood of taking ESG factors into consideration for over 55 per cent of respondents…

The British Virgin Islands (“BVI”) has expanded the scope of its Anti-Money Laundering (“AML”), Counter Terrorist Financing (“CFT”) and Counter Proliferation Financing (“CPF”) laws to cover, among other things, virtual asset businesses. Under the BVI’s Anti-Money Laundering Regulations, in undertaking “relevant business”, a “relevant person” is not permitted…

With local and global inflation at their highest in decades, rising interest rates, continuing supply chain woes and the effects of the Russia-Ukraine conflict being felt across Asia, many businesses that are established in the British Virgin Islands (BVI) and the Cayman Islands are scrutinising the available tools…

In this article we will consider the implications of the recently handed down judgment of the High Court of Justice in England and Wales in the case of D’Aloia and Person Unknown and Others.[1] Whilst cases decided in the United Kingdom do not have direct effect in the…

In June 2022, PwC published their 4rd Annual Global Crypto Hedge Fund Report (the “Report”), an overview of the global crypto open-ended fund landscape that takes a deep dive into the different elements that define these funds, including but not limited to their preferred location, size of the…

The Grand Court of the Cayman Islands has recently offered additional, useful guidance in the growing jurisprudence on the insolvency of Segregated Portfolio Companies (“SPCs”). We have previously discussed the applicable test of insolvency that applies to the appointment of a receiver in respect of a segregated portfolio…